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Public Indecency - Employment Harmful to Children

by Frank Svetlik

The Texas Penal Code Section 43.251 provides the definition of the crime of Public Indecency - Employment Harmful to Children. 

 

PENAL CODE

TITLE 9. OFFENSES AGAINST PUBLIC ORDER AND DECENCY

CHAPTER 43. PUBLIC INDECENCY

Sec. 43.251.  EMPLOYMENT HARMFUL TO CHILDREN. 

(a)  In this section:

(1)  "Child" means a person younger than 18 years of age.

(2)  "Massage" has the meaning assigned to the term "massage therapy" by Section 455.001, Occupations Code.

(3)  "Massage establishment" has the meaning assigned by Section 455.001, Occupations Code.

(4)  "Nude" means a child who is:

(A)  entirely unclothed;  or

(B)  clothed in a manner that leaves uncovered or visible through less than fully opaque clothing any portion of the breasts below the top of the areola of the breasts, if the child is female, or any portion of the genitals or buttocks.

(5)  "Sexually oriented commercial activity" means a massage establishment, nude studio, modeling studio, love parlor, or other similar commercial enterprise the primary business of which is the offering of a service that is intended to provide sexual stimulation or sexual gratification to the customer.

(6)  "Topless" means a female child clothed in a manner that leaves uncovered or visible through less than fully opaque clothing any portion of her breasts below the top of the areola.

(b)  A person commits an offense if the person employs, authorizes, or induces a child to work:

(1)  in a sexually oriented commercial activity;  or

(2)  in any place of business permitting, requesting, or requiring a child to work nude or topless. 

Text of subsection as amended by Acts 2011, 82nd Leg., R.S., Ch. 515, Sec. 4.03 

(c)  An offense under this section is a felony of the second degree, except that the offense is a felony of the first degree if the child is younger than 14 years of age at the time the offense is committed. 

 

Text of subsection as amended by Acts 2011, 82nd Leg., R.S., Ch. 938, Sec. 1 

(c)  An offense under this section is a Class A misdemeanor, except that the offense is:

(1)  a state jail felony if it is shown on the trial of the offense that the defendant has been previously convicted one time of an offense under this section; and

(2)  a felony of the third degree if it is shown on the trial of the offense that the defendant has been previously convicted two or more times of an offense under this section.

Added by Acts 1987, 70th Leg., ch. 783, Sec. 1, eff. Aug. 31, 1987.  Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994;  Acts 2001, 77th Leg., ch. 1420, Sec. 14.832, eff. Sept. 1, 2001.

Amended by:

Acts 2011, 82nd Leg., R.S., Ch. 515, Sec. 4.03, eff. September 1, 2011.

Acts 2011, 82nd Leg., R.S., Ch. 938, Sec. 1, eff. September 1, 2011.

Law Office of Attorney Frank Svetlik

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